APHC010118542024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 6317 OF 2024 Between: 1. YENDAPU MUNSHI, S/o. Rajan Babu, Aged 30 years, Male, R/o.D.No.47-5-8, Rajiv Nagar, Palakollu, West Godavari District Andhra Pradesh-534260. . ...Petitioner AND 1. THE GOVERNMENT OF AP, Represented by its Principal Secretary Social Welfare Department, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Parvathipuram Manyam District, Parvathipuram. 3. The Sub Collector, Palakonda, Parvathipuram Manyam District, 4. Tahsildar, Palakonda Mandal, Palakonda, Parvathipuram Manyam District. 5. Pinipe Akhila Shiney, D/o. P. Praveen Kumar, Female, Aged 28 years, D.No. 14-1385, N K Rajapuram Junction, Seethampeta Road, Palakonda, Parvathipuram Manyam District. 6. Pinipe Praveen Kumar, S/o. Ananda Rao, Male, Aged 55 years, D.No. 14-1385, N K Rajapuram Junction, Seethampeta Road, Palakonda, Parvathipuram Manyam District. ...Respondents SRK, J WP No.6317 of 2024 2 Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or a direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents 2 to 4 in not taking any action on my representation/complaint Dt 16.08.2023, 26.12.2023 and the internal communication (M) Rc.No.2305/2023/C5 Dt 08.09.2023 thereby directing the Sub- Collector, Palakonda to conduct enquiry on the caste certificate and status of the unofficial respondent as SC in SS ID No.0543000050000000 on Application NO.43011243- CC94419243-CC-01068 Dt 30.06.2012 violative of the provisions of the Andhra Pradesh (Schedule Caste, Schedule Tribes and Backward Classes) Regulation of issue of Community Certificates Act 1993, Act No. 16 of 1993 as illegal, arbitrary, violative of Articles 14, 21 of the Constitution of India and consequently cancel the caste certificate issued to my wife vide SS ID No.0543000050000000 on Application NO.43011243- CC94419243-CC-010 68 Dt 30.06.2012 and their family members by launching criminal prosecution for misleading the authorities and availing the benefits under the reservation of SC Community. Counsel for the Petitioner: MANGENA SREE RAMA RAO Counsel for the Respondents: GP FOR SOCIAL WELFARE Counsel for the Respondents: GP FOR REVENUE (AP) Counsel for the Respondents: TADDI NAGESWARA RAO SRK, J WP No.6317 of 2024 3 The Court made the following ORDER: The present Writ Petition has been filed seeking the following relief. “to issue a writ, order or a direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents 2 to 4 in not taking any action on petitioner’s representation/complaint dated 16.08.2023 and 26.12.2023 and the internal communication (M) Rc.No.2305/2023/C5, dated 08.09.2023, thereby directing the Sub-Collector, Palakonda to conduct enquiry on the caste certificate and status of the unofficial respondents as SC in SS ID No.0543000050000000 on Application No.43011243-CC94419243-CC-01068 dated 30.06.2012, as violative of the provisions of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993, Act No.16 of 1993, as illegal, arbitrary, violative of Articles 14, 21 of the Constitution of India and consequently cancel the caste certificate issued to the wife of petitioner, vide SS ID No.0543000050000000 on Application No.43011243-CC94419243-CC-01068, dated 30.06.2012 and their family members by launching criminal prosecution for misleading the authorities and availing the benefits under the reservation of SC Community.” 2. Case of the petitioner is that, 5th respondent is his wife and 6th respondent is father of 5th respondent. Marriage between the petitioner and 5th respondent took place on 20.09.2020, at Palakollu, as per Christian Caste customs and usage, and a marriage certificate was also issued, as per the provisions of Section 62 of the Indian Christian Marriage Act, 1872. SRK, J WP No.6317 of 2024 4 Petitioner’s family belonged to SC Community and because of faith in Lord Jesus they converted themselves into Christianity (BC-C) and preaching the same. 6th respondent also stated that they also converted to BC-C from SC and believing his words, petitioner married 5th respondent. Subsequent to marriage, at the interference of his in-laws, some disputes arose between the petitioner family and unofficial respondents 5 and 6 after the birth of their son. In connection with that, a criminal complaint was filed by 5th respondent against the petitioner and his family members, which was registered as a case in Crime No.52 of 2022 of Palakonda Police Station, Srikakulam, for the offences under Sections 498-A IPC, Sections 3 and 4 of the Dowry Prohibition Act and Section 3(1)(r)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act and, after investigation, the police filed charge sheet in the said crime, which was taken on file as SC Spl.No.28 of 2023 on the file of the learned IV Additional District and Sessions Judge, Srikakulam. Petitioner filed divorce application vide OP No.176 of 2022 on the file of the learned X Additional District Judge, Narasapuram. Because of disputes that arose between them, petitioner made a complaint to 2nd respondent - District Collector on 16.08.2023 narrating all the aspects by furnishing the caste certificate of his wife i.e., 5th respondent. Thereupon, 2nd respondent – District Collector addressed a letter dated 08.09.2023 to 3rd respondent – Sub-Collector directing him to take necessary action on the complaint made by the petitioner herein. When no action has been taken by the respondents, petitioner filed the present Writ Petition. SRK, J WP No.6317 of 2024 5 3. A counter affidavit is filed by the official respondents, wherein at paragraph No.4 it is stated thus. “In reply to paras 7 to 10, that the allegations are concerned it is a dispute between 2 families and the Revenue Department has nothing to do with it. The 3rd respondent Sub-Collector, Palakonda has forwarded a letter with reference RC No.120/2024 JA-A, dated 18.03.2024 to Tahsildar, Palakonda to conduct enquiry on the caste certificates issued to 5th and 6th respondents namely Pinipe Akhila Shiney, D/o Praveen Kumar and Sri Pinipe Praveen Kumar, S/o Anandarao. In response to that, an enquiry was conducted by the Tahsildar, Palakonda and report was submitted to the District Collector, Parvathipuram Manyam through the Sub-Collector, Palakonda on 25.10.2024. The District Collector is the head of DLSC which takes decision on already issued caste certificates, hence awaiting for the further orders.” 4. Heard. Perused the record. 5. A perusal of the counter averments goes to show that basing on the complaint given by the petitioner herein, 3rd respondent – Sub-Collector, Palakonda, vide his letter dated 18.03.202, directed 4th respondent - Tahsildar, palakonda, to conduct an enquiry on the caste certificates issued to 5th and 6th respondents. An enquiry was conducted by 4th respondent and a report was submitted to 2nd respondent – District Collector on 25.10.2024. Thereafter, 2nd respondent has not passed any orders thereon so far. SRK, J WP No.6317 of 2024 6 6. In view of the aforesaid facts and circumstances, 2nd respondent – District Collector is directed to pass appropriate orders on the report, dated 25.10.2024, submitted by 4th respondent - Tahsildar, in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order. 7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. ________________________ K. SREENIVASA REDDY, J. Date:17.09.2025 Nsr SRK, J WP No.6317 of 2024 7 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.6317 of 2024 Date:17.09.2025 Nsr